Nystrom v. Clark
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Now. 8. W. S teto art, Judge. Mandamus to compel the defendant to turn over to plaintiff the records held by said defendant under a claim of right as Justice of the Peace in and for Salt Lake City. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE FACTS.
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Appeal from the Third District Court, Salt Lake County. — Now. 8. W. S teto art, Judge. Mandamus to compel the defendant to turn over to plaintiff the records held by said defendant under a claim of right as Justice of the Peace in and for Salt Lake City. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE FACTS. J. 0. Nystrom brought this action in his official capacity as clerk of the city court of Salt Lake City, which office and court were created by chapter 109, p. 110, Sess. Laws 1901. Prior to January 5, 1903, Salt Lake City, which is a city of the first…
1Opinion of the CourtMcCARTY, J.
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*189The first question presented by this appeal is, does section 23, p. 114, c. 109, apply to the appellant? By the terms of chapter 107, p. 109, Sess. Laws 1901, the five precincts theretofore existing in Salt Lake City were abolished, and the entire city made one precinct. That the Legislature had the constitutional power and authority to do this is not questioned. This *190being conceded, when the act went into effect by which, the territorial limits of each of the five precincts in Salt Lake City were obliterated, and the precincts thereby abolished and merged into one, the term of office of…
2Cases cited1 opinion
- State ex rel. Hall v. HowellUtah Supreme Court · 1903
3Cited by5 opinions
- Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
- Marioneaux v. CutlerUtah Supreme Court · 1907
- Riggins v. District Court of Salt Lake CountyUtah Supreme Court · 1935
- Baker v. Department of RegistrationUtah Supreme Court · 1931
- State Tax Commission v. City of LoganUtah Supreme Court · 1936